§ 7–2203. Appointment of member of Police Department or Fire Department to position in Homeland Security and Emergency Management Agency.

The Mayor of the District of Columbia is authorized to appoint a member of the Metropolitan Police Department or a member of the Fire Department of the District of Columbia to any position in the Homeland Security and Emergency Management Agency, with the salary provided by law for such position, chargeable to the appropriation for the newly established office or agency; provided, that during the tenure of his appointment such member so appointed shall be deemed to be a member of such Metropolitan Police Department or such Fire Department, as the case may be, for all purposes of rank, seniority, allowances, privileges and benefits, including retirement and disability benefits under the provisions of § 5-701 to § 5-724, to the same extent as though the appointment had not been made, and at the termination of such appointment he shall be entitled to resume his status within the Metropolitan Police Department or Fire Department, as the case may be, which shall include any promotion in rank to which he may have become entitled; provided further, that retirement and disability benefits and salary deductions shall be based on the salary of the rank or position held in the Metropolitan Police Department or the Fire Department, as the case may be, prior to his appointment to such position in the Homeland Security and Emergency Management Agency or the salary of the position or rank he would have attained in the Metropolitan Police Department or the Fire Department had his appointment to such position in the Homeland Security and Emergency Management Agency not been made, whichever is greater.

(May 21, 1951, 65 Stat. 44, ch. 102; July 6, 1953, 67 Stat. 139, ch. 179, § 1; Mar. 14, 2007, D.C. Law 16-262, § 407, 54 DCR 794.)

Prior Codifications

1981 Ed., § 6-1403.

1973 Ed., § 6-1202a.

Section References

This section is referenced in § 7-2204.

Effect of Amendments

D.C. Law 16-262 rewrote this section, which formerly read:

“The Mayor of the District of Columbia is authorized to appoint a member of the Metropolitan Police Department or a member of the Fire Department of the District of Columbia to any position in the Office of Emergency Preparedness (authorized to be abolished by Reorganization Plan No. 5 of 1952), with the salary provided by law for such position, chargeable to the appropriation for the newly established office or agency; provided, that during the tenure of his appointment such member so appointed shall be deemed to be a member of such Metropolitan Police Department or such Fire Department, as the case may be, for all purposes of rank, seniority, allowances, privileges and benefits, including retirement and disability benefits under the provisions of § 5-701 to § 5-724, to the same extent as though the appointment had not been made, and at the termination of such appointment he shall be entitled to resume his status within the Metropolitan Police Department or Fire Department, as the case may be, which shall include any promotion in rank to which he may have become entitled; provided further, that retirement and disability benefits and salary deductions shall be based on the salary of the rank or position held in the Metropolitan Police Department or the Fire Department, as the case may be, prior to his appointment to such position in such office or agency succeeding to the functions of the Office of Emergency Preparedness or the salary of the position or rank he would have attained in the Metropolitan Police Department or the Fire Department had his appointment to such position in such office or agency not been made, whichever is greater.”

References in Text

Pursuant to Mayor’s Order 98-198 ( 46 DCR 240) pub. January 8, 1999, the name of the Office of Emergency Preparedness has been changed to the D.C. Emergency Management Agency.

Editor's Notes

Office of Civil Defense abolished: See Historical and Statutory Notes following § 7-2202.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia SelfGovernment and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.